CASE · Clearance Adjudication Search EngineCASE

Loading case…

ISCR Case 22-01880 — CASE

Case record

ISCR Case 22-01880

A decided public DOHA case, shown for research — not advice or a prediction.

Case Profile
Decision Date11/9/2023
Statusgranted
LevelHEARING
TypeSTANDARD ISCR
Participants
Applicant Representation: Pro Se
Judge: Carol G. Ricciardello
Government Counsel: Brittany C. M. White
Case Summary
The applicant in this case was a 37-year-old individual seeking a security clearance, facing allegations under Guideline H (drug involvement and substance misuse), Guideline E (personal conduct), and Guideline G (alcohol consumption). The Statement of Reasons (SOR) outlined concerns related to the applicant's history of excessive alcohol consumption, a DUI arrest in March 2021, and the use of medical marijuana, which he did not disclose on his security clearance application due to a misunderstanding of its legality under federal law.
The applicant admitted to the allegations in the SOR, including his past alcohol misuse and the DUI conviction, but provided mitigating evidence regarding his subsequent rehabilitation efforts. He testified that his DUI arrest served as a wake-up call, leading him to significantly reduce his alcohol consumption and complete court-mandated counseling. He also acknowledged his use of medical marijuana but claimed he was unaware of its illegal status federally. The applicant expressed a commitment to abstaining from both alcohol and marijuana, providing evidence of lifestyle changes and support from witnesses who attested to his reliability and responsibility as an employee.
The administrative judge ruled in favor of the applicant, concluding that he had successfully mitigated the security concerns under the relevant guidelines. The judge found that the applicant's admissions were credible and that he had taken significant steps to address his past behavior, demonstrating a commitment to maintaining a drug-free lifestyle. The decision emphasized the applicant's positive changes and the absence of any current substance-related issues, ultimately granting him eligibility for access to classified information.
Guidelines Evaluated
- Guideline EPersonal Conduct · For Applicant
- Guideline GAlcohol Consumption · For Applicant
- Guideline HDrug Involvement & Substance Misuse · For Applicant
Similar decisions
Other decisions whose allegations read most like this one. Descriptive similarity of the allegations only — not a prediction.
Finding similar decisions…

Case Headnote

ISCR Case No. 22-01880

grantedNov 9, 2023· Hon. Carol G. Ricciardello· hearing

Summary

A 37-year-old federal contractor was granted a security clearance despite initial concerns under Guidelines E (Personal Conduct), G (Alcohol Consumption), and H (Drug Involvement). The Statement of Reasons cited questionable judgment, lack of candor, and non-compliance with rules (Guideline E), excessive alcohol consumption (Guideline G), and illegal drug use (Guideline H). These concerns were primarily raised due to a DUI arrest in 2021.

However, the applicant demonstrated significant mitigating factors. He committed to sobriety, ceasing excessive alcohol consumption since his arrest, and completed court-mandated alcohol and drug counseling. These actions provided evidence of rehabilitation and a commitment to addressing past issues.

The applicant's credible testimony, supported by character witnesses, further indicated his reliability and trustworthiness. His lifestyle changes and demonstrated commitment to sobriety ultimately led to the favorable decision, with the security clearance being granted.

Why the Applicant Prevailed

The applicant demonstrated a commitment to sobriety and has not consumed alcohol excessively since his DUI arrest.
He completed court-mandated alcohol and drug counseling, showing evidence of rehabilitation.
The applicant's credible testimony and lifestyle changes were supported by character witnesses, indicating his reliability and trustworthiness.

Conditions Referenced

Disqualifying

HraisedDrug Involvement and Substance Misuse
GraisedAlcohol Consumption

Mitigating

HappliedDrug Involvement and Substance MisuseThe applicant acknowledged his past drug use, has established a pattern of abstinence, and has taken steps to overcome his issues.
GappliedAlcohol ConsumptionThe applicant has demonstrated a clear pattern of abstinence from alcohol and has participated in counseling.
EappliedPersonal ConductThe applicant did not deliberately provide false information and has shown a commitment to improving his conduct.

Key Rule Quoted

“The protection of the national security is the paramount consideration.”

Procedural Posture

SOR issuedDec 7, 2022
Answer filed—Undated answer submitted.
Hearing heldOct 26, 2023Hearing conducted as scheduled.
Decision dateNov 9, 2023

Cite For

Mitigation of Alcohol-related Security Concerns Under Guideline G
Mitigation of Drug Involvement Under Guideline H
Consideration of Personal Conduct Under Guideline E

Editorial summary generated for research. Not legal advice; not a prediction. Verify against the full decision before relying on any quoted language.

Standardized Decision Profile

SEAD-4 Guideline E (Personal Conduct) · descriptive summary of a decided case

Posture: HearingDecided: granted

The judge found that the applicant's personal conduct concerns were mitigated. The applicant admitted to the allegations but demonstrated credible testimony regarding his understanding of the importance of compliance with rules and regulations. The judge concluded that the applicant did not deliberately fail to disclose illegal drug use and provided credible information during the security clearance process.

¶	Allegation	Finding	Conduct	Concealed Issue	Response	Disqualifying (¶16)	Mitigating applied (¶17)	Mitigation
3.a	Conduct involving questionable judgment, lack of candor, dishonesty, or unwillingness to comply with rules and regulations can raise questions about an individual's reliability.	For Applicant	Questionable Judgment General	—	Admitted	—	(a) prompt, good-faith correction before being confronted (b) omission/refusal followed advice of counsel; later cooperated fully	—

Descriptive standardized rendering of a decided public case (Guideline E). The verbatim source decision is shown in full below.

Standardized Decision Profile

SEAD-4 Guideline G (Alcohol Consumption) · descriptive summary of a decided case

Posture: HearingDecided: grantedTREATMENT COMPLETED · FAVORABLE

The judge found that the applicant had a history of excessive alcohol consumption, which led to a DUI arrest in March 2021. However, the applicant completed court-mandated alcohol and drug counseling and demonstrated a commitment to abstinence, leading to a favorable outcome in the case.

¶	Allegation	Finding	Incident	Response	Disqualifying (¶22)	Mitigating applied (¶23)	Mitigation
1.a	Excessive alcohol consumption often leads to the exercise of questionable judgment or the failure to control impulses.	For Applicant	DUI or DWI Alcohol	Admitted	—	(a) so much time has passed / so infrequent that it is unlikely to recur (b) acknowledges the pattern and has established modified use or abstinence	—
1.b–1.c	2 sub-charges — specific text not stated in this decision (for the applicant). (low confidence)	For Applicant			—	—	—

Descriptive standardized rendering of a decided public case (Guideline G). The verbatim source decision is shown in full below.

Standardized Decision Profile

SEAD-4 Guideline H (Drug Involvement) · descriptive summary of a decided case

Posture: HearingDecided: granted

The judge found that the applicant's drug involvement and substance misuse concerns were mitigated. The applicant admitted to using marijuana regularly after obtaining a medical marijuana card but ceased use six months prior to the hearing. The judge concluded that the applicant's testimony was credible and that he did not deliberately fail to disclose his drug use.

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
2.a	The illegal use of controlled substances, to include the misuse of prescription and non-prescription drugs.	For Applicant	Marijuana	Occasional	Admitted	—	(a) behavior happened long ago / infrequent / unlikely to recur (b) acknowledges involvement; evidence of action; established abstinence	—
2.b–2.c	2 sub-charges — specific text not stated in this decision (for the applicant). (low confidence)	For Applicant	Unspecified Drug Involvement	Unspecified		—	—	—

Descriptive standardized rendering of a decided public case (Guideline H). The verbatim source decision is shown in full below.

Full decision

The complete, official text — footnotes and signatures included — is in the original PDF.